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CFPB Amicus Brief to Seventh Circuit in Preston v. Midland Credit Management (2019)

The Seventh Circuit invited the CFPB to present an amicus brief in Preston v. Midland Credit Management. The issue presented deals with the fact that the FDCPA prohibits debt collectors from “using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.” 15 U.S.C. § 1692f(8).

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CFPB Amicus Brief to Seventh Circuit in Lavallee v Med-1 Solutions (2018)

The FDCPA requires a debt collector, in certain situations, to “send the consumer a written notice containing” information about the debt and the consumer’s rights. 15 U.S.C. § 1692g(a). The question addressed in this amicus brief is: Whether the requirements of the E-SIGN Act, 15 U.S.C. § 7001-7006, apply when a debt collector wants to use an email to satisfy the written-notice requirement of § 1692g(a).

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CFPB Amicus Brief to Eleventh Circuit in Wiley v. Notte & Kreyling, P.C. (2019)

The CFPB amicus brief before the 11th Circuit in Wiley v. Notte & Kreyling, P.C.deals with advising consumers to dispute a debt with the creditor and not the collector. The FDCPA requires that debt collectors disclose the specific steps consumers must take to properly dispute a debt or request information about the original creditor.

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CFPB Amicus Brief before the Seventh Circuit in DeGroot v. Client Services (2020)

This CFPB amicus brief before the Seventh Circuit in DeGroot v. Client Services deals with two questions. 1. Does a debt collector violate the FDCPA by accurately itemizing the interest and fees that are included in a debt it is seeking to collect, including when the interest and fees are $0.00?   2. Does a debt collector violate the FDCPA by accurately disclosing as part of a time-limited settlement offer that interest will not be charged

while the collector services the consumer’s account?

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CFPB Amicus Brief before the Seventh Circuit in Hopkins v. Collecto (2020

This CFPB Amicus Brief before the Seventh Circuit in Hopkins v. Collecto deals with whether a debt collector violate the FDCPA by accurately stating that the debt it is seeking to collect includes $0.00 in interest and collection fees, including when interest and collection fees are not currently accruing.

John Rao, New Process to Discharge Student Loans in Bankruptcy (March 7, 2023)

 A new Guidance from the Department of Justice, issued in coordination with the Department of Education has the potential to change bankruptcy practice dramatically. Until now, attorneys have not thought of bankruptcy as a way to help clients struggling with student loan debt. If the Guidance is implemented as intended, however, more bankruptcy debtors will be eligible for discharge of their student loans.

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CMS and CFPB Notification Letter on Nursing Facility and Debt Collection Practices (Sept. 8, 2022)

This notification letter from the Centers for Medicare and Medicaid and the CFPB is directed to the attention of nursing facilities and debt collectors.  It reminds them that the Nursing Home Reform Act (NHRA) prohibits nursing facilities from requesting or requiring that a third party personally guarantee payment to the facility as a condition of a resident’s admission or continued stay in the facility. Contract terms that conflict with the NHRA are unlawful, and alleged debts resulting from such unlawful contract terms are invalid and unenforceable.

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Consumer Financial Protection Circular 2022-05; Nursing Home Debts

 CFPB Consumer Financial Protection Circular 2022-05 on deals with debt collection and consumer reporting practices involving invalid nursing home debts. Under the Nursing Home Reform Act, a nursing facility may not condition a resident’s admission or continued stay on receiving a guarantee of payment from a third party, such as a relative or friend. Contractual provisions that violate that prohibition are illegal and unenforceable.

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Notice of Intent to Fine Heald College (OPE-ID 00723400)

 Letter from Robin S. Minor, Acting Director, Admin. Actions & Appeals Serv. Grp., U.S. Dep’t of Educ., to Jack Massimo, Chairman & CEO, Corinthian Colls., Inc. (Apr. 14, 2015). The Department is taking this fine action pursuant to 20 U.S.C. § 1094 and 34 C.F.R. § 668.84.

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Brief of Plaintiff-Appellant, Madden v. Midland Funding, L.L.C., No. 14-2131-cv, 2014 WL 418161 (2d Cir. filed 2014)

Does the preemption of state usury laws enjoyed by national banks under the National Bank Act extend to non-bank debt buyers where, as here, the national bank retains no interest in or control over the subject accounts, and the national bank and the debt buyer are operationally and legally unrelated entities?

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Motion for Summary Judgment, People v. FDIC, No. 4:20-cv-05860 (N.D. Cal. May 20, 2021)

As demonstrated in the accompanying memorandum of points and authorities, and the Administrative Record (“AR”), the FDIC’s rule on the Federal Interest Rate Authority, 85 Fed. Reg. 44,146 (July 22, 2020) (“Final Rule”) represents a reasonable interpretation of 12 U.S.C. § 1831d, and should be upheld under Chevron’s familiar two-step framework. The Final Rule is neither arbitrary or capricious, nor contrary to law, is consistent with the FDIC’s authority, and in compliance with applicable procedural requirements.

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Charge Letter, Md. Comm’r of Fin’l Reg. v. Fortiva Financial, et al., Case No. CFR-FY2017-003 (Jan. 21, 2021)

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Notice and Motion for Summary Judgment, People, et al. v. OCC, et al., No. 4:20-cv-05200-JSW (N.D. Cal. filed Dec. 10, 2020)

States have long used interest-rate caps to prevent predatory lending. In light of the comprehensive federal regulatory regime to which national banks are subject, Congress exempted them from compliance with state rate caps in the National Bank Act (“NBA”). 12 U.S.C. § 85 (allowing national banks to “take, receive, reserve, and charge” interest in excess of state law); see also 12 U.S.C. § 1463(g)(1) (same for federal savings associations).

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Opposition Brief—Motion to Dismiss, UDAP, ECOA (Nutter & Co. v. Singleton)

This is a brief in opposition to a lender’s attempt to strike the homeowner’s defenses and dismiss the homeowner’s UDAP and ECOA counterclaims in a Florida action involving the foreclosure of a reverse mortgage for alleged failure to pay property taxes or insurance. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.

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Prepayment Taxes Repayment Plan—Answer and Special Defenses (Reverse Mortg. Solutions v. Kulzyck)

This is an answer and defenses to a Connecticut action to foreclose on a reverse mortgage for failure to pay property taxes and insurance where the lender breached the payment plan that had been agreed upon.  The Connecticut Fair Housing Center drafted the pleadings.

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Defendant's First Request for Production of Documents (CIT Bank v. Delander)

This is a homeowner’s first request for documents from a reverse mortgage lender in a Florida action to foreclose on the home for non-payment of taxes or insurance. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.

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Defendant's Request for Production of Documents (CIT Bank v. Coleman)

This is a Florida homeowner’s first request for documents from a reverse mortgage lender in a Florida action to foreclose on the home for non-payment of taxes or insurance. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.

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Defendant's Answer and Affirmative Defenses (CIT Bank v. Delander)

This is an answer and defenses to a Florida action to foreclose on a reverse mortgage for failure to pay property taxes and insurance where the defenses are based on the lender’s failure to comply with servicing requirements and failure to show it has standing to foreclose. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.

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Defendant's Answer and Affirmative Defenses and Second Amended Counterclaims (UDAP, ECOA) (Nutter & Co. v. Singleton)

This is an answer and defenses to a Florida action to foreclose on a reverse mortgage for failure to pay property taxes and insurance where the defenses are based on the lender’s failure to comply with servicing requirements and failure to show it has standing to foreclose. Counterclaims include UDAP and ECOA age discrimination and adverse action notice violations. Lynn Drysdale of Jacksonville Legal Aid drafted the pleadings.

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Sample Notice of Error, Repayment Plan Agreement Breach

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The homeowner with a reverse mortgage agreed to an installment payment agreement to catch up on back-due property taxes but the lender rejected the homeowner’s payments.  The notice also requests a waiver to allow a new repayment plan and requests information about the mortgage and repayment plan.

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Notice of Error, Botched Deed-in-Lieu

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The homeowner with a reverse mortgage executed a deed-in-lieu of foreclosure but the lender is still foreclosing on the home. The homeowner also requests information regarding the deed-in-lieu, appraisals, communications, and other items.

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Notice of Error, Dispute Repayment Plan Denial

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender improperly denied the homeowner a repayment plan. It miscalculated surplus income and wrongly claimed that HUD only allows a repayment plan payment amount between 25% and 55% of surplus income.

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Notice of Error, Stop Paying Taxes Early

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender improperly told the homeowner she violated her repayment plan based on her even though they were not delinquent or in violation of the plan.   The homeowner also requests information regarding repayment agreements, documents from the prior servicer, payment history, communications, the servicing file and logs, and other information.

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Notice of Error, Wrongful Foreclosure

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender is foreclosing on the house even though it agreed to a repayment plan to pay back property charges and has accepted repayment plan payments.  The lender also keeps paying property taxes before they are delinquent. The homeowner also requests information regarding repayment agreements, documents from the prior servicer, payment history, communications, the servicing file and logs, and other information.

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Sample Notice of Error, Agreement with Tax Collector

This is a sample notice of error and request for information (pursuant to RESPA regulations).  The notice alleges that the reverse mortgage lender improperly cancelled the homeowner’s repayment plan even though she was current on her monthly payments and had reached an agreement with the city to pay her current real estate taxes in installments.